Situations where a unilateral divorce cannot be granted

The restriction on unilateral divorce serves as an important legal provision that protects the legitimate rights and interests of women and children. Individuals seeking divorce should have a clear understanding of the conditions for unilateral divorce, prepare the required documents in accordance with legal regulations, and seek advice from a lawyer to ensure that the process is conducted efficiently, lawfully, and in a humane manner. Contact Apolo Lawyers – Solicitors & Litigators via Hotline (+84) 903 419 479 or Email contact@apolo.com.vn for quick and effective support. With a dedicated and professional legal team, we are committed to accompanying you throughout the entire divorce process. 

1. Unilateral Divorce

Unilateral divorce refers to a situation in which either the husband or the wife requests the Court to terminate the marital relationship without the consent of the other party. This is a common form of divorce when the marital relationship cannot continue due to serious conflicts, domestic violence, or significant violations of spousal obligations.

However, the Court does not accept every request for unilateral divorce. Under the law of Viet Nam, in certain circumstances, a unilateral divorce is not permitted to protect the legitimate rights and interests of the parties concerned, especially in cases involving a pregnant woman or a child under a specific age.

Situations where a unilateral divorce cannot be granted

2. Circumstances in which unilateral divorce is not permitted

According to Clause 3, Article 51 of the Law on Marriage and Family 2014, a husband has no right to request a unilateral divorce in any of the following circumstances:

• When the wife is pregnant;
• When the wife is in the period of childbirth;
• When the wife is nursing an under-12-month-old child.

This means that even when the marital relationship faces conflicts or the husband does not wish to continue the marriage, the husband is not entitled to request a unilateral divorce. This provision aims to protect the health, psychological condition, and legal rights of the woman, as well as to ensure a stable environment for an infant. This reflects the humanitarian nature of the legal system of Viet Nam.

 3. Application in practice

In practice, many cases have been recorded in which a husband submitted a unilateral divorce petition, but the Court returned the file because the wife was pregnant or the couple had a child under twelve months of age. On the other hand, under current Vietnamese law, when the wife files a request for unilateral divorce, the Court shall proceed with normal procedures since such a request is not prohibited by law.

Example: A man named A submitted a unilateral divorce petition against woman B. However, since woman B was pregnant with a five-month-old fetus, the Court would not accept the request of A until the child reaches twelve months of age. At that time, if A still wishes to terminate the marriage, a new petition may be filed.

 4. Necessity of restrictions on unilateral divorce

The restriction on the right to request a unilateral divorce in the above circumstances is not only a legal measure but also an expression of the humanitarian value of Vietnamese law. Through this restriction, the law safeguards the rights and interests of a wife during childbirth and postpartum periods, preventing mental stress and emotional instability that may negatively affect the child.

Furthermore, this restriction ensures the protection of the welfare and best interests of a young child by providing a stable environment during the early stages of development, rather than exposing the child to parental conflict. By rejecting unilateral divorce petitions under these circumstances, the law also provides an opportunity for the husband to reconsider the marital relationship, thereby increasing the possibility of reconciliation and avoiding impulsive decisions that may have long-term consequences for both parties and any children involved.

Situations where a unilateral divorce cannot be granted

 5. Important notes when requesting a unilateral divorce

To ensure a smooth divorce process, attention should be paid to the following:

• Prepare a complete set of documents, including an Application for Unilateral Divorce, Marriage Certificate, certified copies of Identity Card or Citizen Identification Card, Birth Certificate of common child (if any), and other relevant documents;
• Seek consultation from a divorce lawyer for specific guidance to avoid unnecessary loss of time and effort.
• Review the validity and sufficiency of the submitted documents.

6. Apolo Lawyers – Solicitors & Litigators provides consulting services on divorce procedures

Our company provides fast unilateral divorce services in Ho Chi Minh City, such as:

• Advice on the right to request the Court to settle a divorce;
• Advising on conciliation procedures at the grassroots level;
• Advice on divorce proceedings;
• Advising on grounds for divorce;
• Advising on regulations on consent divorce and divorce at the request of one party;
• Advice on principles of the property division upon divorce and procedures for property division;
• Advice on divorce settlement procedures at the Court.

Hopefully, with the information we shared above, Apolo Lawyers – Solicitors & Litigators has helped you better understand the cases in which a unilateral divorce is not allowed. In order for the divorce to be resolved quickly, the divorce petitioner can conduct the divorce procedures by himself or ask for a divorce procedure consulting service. When coming to the divorce procedure consulting service at Apolo Lawyers, with a team of knowledgeable legal consultants, they regularly guide and prepare divorce documents.

Divorce is quite a complicated procedure. If you still have any questions, do not hesitate to contact Apolo Lawyers – Solicitors & Litigators. Hotline: (+84) 903. 419. 479 and Email contact@apolo.com.vn to be supported and helped in the most optimal way.

>>> Read more: Resolving Spousal Relationships in Unilateral Divorce

>>> Read more: Can a Pregnant Wife Get a Divorce in Vietnam?